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5.1. It was pointed out that the application for preliminary issue was submitted almost after about two years from the date of submission of the written statement on 20.11.2014. It was, therefore, submitted that the Labour Court could not have allowed the application Exh.31 to frame and decide the preliminary issue and thereafter, reject the Reference of the appellant, contrary to the settled legal position to hold that the appellant cannot be considered as 'workman' within the meaning of Section 2(s) of the I.D. Act. 5.2. It was submitted that the judgments and decisions relied upon by the appellant wherein, it is held that the Temple is an 'Industry' and the provisions of the I.D. Act would be applicable to such Trust running and managing Temple, therefore, the Pujari, performing the Pooja is manual work NEUTRAL CITATION C/LPA/2319/2017 JUDGMENT DATED: 16/02/2026 undefined and would fall within the definition of 'Workman' under Section 2(s) of the I.D. Act. It was, therefore, submitted that the learned Single Judge has committed an error by not dealing with the submissions made on behalf of the appellant as the Labour Court, ignored the deposition of the appellant as well as the documents submitted by him to prove that the respondent No.1 - Trust is carrying on commercial activities and, therefore, it is an 'Industry' and the appellant is a 'workman' under Section 2(s) of the I.D. Act. 5.3. Learned advocate Mr. Shukla, in support of his submissions, referred to the decision of the learned Single Judge Hon'ble Bombay High Court in the case of Cutchi Visa Oswal Derawasi Jain Mahajan vs. B.D. Borude, I.T. Maharashtra, reported in 1987(1) LLJ 81 (Bombay). Referring to the said decision, it was submitted that in the facts of the said case, the Hon'ble Bombay High Court has held that when the charitable trust is carrying on religious activity of managing the Temple and carrying out commercial activities then, it cannot be said that the Charitable Trust merely provides spiritual benefits and not material benefits. It was held that the Pujari is engaged for giving service to the NEUTRAL CITATION C/LPA/2319/2017 JUDGMENT DATED: 16/02/2026 undefined devotees, and the services are not necessarily spiritual in nature. In the facts of the said case, as the Charitable Trust acquired large properties at several places in Bombay and was letting out the same and the workmen were employed to give services at those properties, which was held to be non- religious in nature and it was, therefore, held that the charitable Trust was an undertaking under the definition of 'Industry' within the meaning of I.D. Act. 5.4. It was, therefore, submitted that in the facts of present case also, when the respondent No.1 - Trust is carrying out the commercial activities by selling 'Bundi Laddus', coconut etc. , the same would fall within the definition of 'Industry' under Section 2(j) of the I.D. Act and the appellant, performing as Pujari in the Temple would be covered by definition of 'Workman' under Section 2(s) of the I.D. Act. 5.5. Learned advocate Mr. D.G. Shukla referred to and relied upon the decision of the learned Single Judge of Hon'ble Calcutta High Court in the case of Workmen of M/s.Baikuntha Nath Debasthan Trust (Baikuntha Nath Debasthan Mandir Trust) Rep. By Paschimbanga NEUTRAL CITATION C/LPA/2319/2017 JUDGMENT DATED: 16/02/2026 undefined Byabasayi Sramik Sengstha vs. State of West Bengal, reported in 1990(2) CalLT 42 wherein the Hon'ble Calcutta High Court held that when the Pujari on a regular wage basis perform Pooja then he would be covered under the definition of 'Workman' as the institution was running more on a commercial than spiritual line and, therefore, would be covered within the definition of 'Industry' under Section 2(j) of the I.D. Act.

"22. It is thus abundantly clear that Shri Jagannath Temple is not an institution where material human needs are being met. It is primarily a spiritual institution. The Ballav that is prepared is offered to the deity as Bhog. It is therefore sold as prasad. It is not that the Temple serves the purpose of a hotel for catering foodstuffs. The maintenance of order and discipline and proper hygienic conditions in the temple and of proper NEUTRAL CITATION C/LPA/2319/2017 JUDGMENT DATED: 16/02/2026 undefined standard of cleanliness and purity in the offerings made therein, as required under Section 15(4) of the Shri Jagannath Temple Act 11 of 1955, is for preserving spiritual atmosphere of the temple and for providing facilities to the pilgrims to have peaceful Darshan of the Deity. The primary object is spiritual. The petitioners are to maintain peace and tranquility inside the temple. The duty of maintaining order and discipline inside the temple is different from the duty of the policeman to keep law and order outside on the public road. The duty of the petitioners inside the Temple is akin to that of teachers to maintain order and In a class room in an educational institution."

"22. It is thus abundantly clear that Shri Jagannath Temple is not an institution where material human needs are being met. It is primarily a spiritual institution. The Ballav that is prepared is offered to the deity as Bhog. It is therefore sold as prasad. It is not that the Temple serves the purpose of a hotel for catering foodstuffs. The maintenance of order and discipline and proper hygienic conditions in the temple and of proper standard of cleanliness and purity in the offerings made therein, as required under Section 15(4) of the Shri Jagannath Temple Act 11 of 1955, is for preserving spiritual atmosphere of the temple and for providing facilities to the pilgrims to have peaceful Darshan NEUTRAL CITATION C/LPA/2319/2017 JUDGMENT DATED: 16/02/2026 undefined of the Deity. The primary object is spiritual. The petitioners are to maintain peace and tranquility inside the temple. The duty of maintaining order and discipline inside the temple is different from the duty of the policeman to keep law and order outside on the public road. The duty of the petitioners inside the Temple is akin to that of teachers to maintain order and discipline inside a class room in an educational institution."

22. The Full Bench of the Hon'ble Karnataka High Court in NEUTRAL CITATION C/LPA/2319/2017 JUDGMENT DATED: 16/02/2026 undefined the case of Mookambika Temple, Kollur (supra), while considering the issue under the provisions of the Karnataka Hindu Religious Institution and Charitable Endowments Act (33 of 2001) and Payment of Gratuity Act, 1972, in para 60, has held that the Temple cannot also come within the definition of 'Industry' under the provisions of the I.D. Act as Section 2(j) of the I.D. Act defines an 'Industry' and the Temple is not within the meaning of expression 'Industry' under the I.D. Act nor does it become within the expression 'Industrial Establishment or Undertaking' under Section 2(ka) of the I.D. Act.